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Ok.. Now What (K3 v. I-130)

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  • Ok.. Now What (K3 v. I-130)

    OK, here's the deal. I have been living in Pakistan for about 8 months now. We want to file for my husband's immigration to america. I am a US Citizen, born and raised in USA. I heard that Direct Consular Filing is much faster than even the K3 visa. So, when we went to get the visa put on my Passport (since, we changed my last name to his and had the previous one cancelled), instead of a tourist visa, they put me on a Family visa, (wife of a Pakistani). So I can apply for Domicile here in Pakistan, and with my previous entry visa proofs I can show residency of more than 6 months. Which is the requirement. but, I heard recently the ambassador overseeing the Pakistan immigration to Usa recently committed suicide, so now all the Pakistani applications are being handled in India. So, India only requires you to proove 3 months residency, and that is what the immigration lawyer we spoke to told us, that we only have to prove 3 months residency, but that I will have to travel back to USA after filing abroad to prove residency in USA. Is this true? IM a citizen, born and raised, I dont own a home, (well, I do, my name is still on the mortgage, but I am divorced and he is foreclosing on it), my name is still registered as living at my parents' home since I was seperated from my ex-husband before coming to pakistan. Why do I have to prove residency in USA too? I am still a citizen, not a dual-citizen. I am just s resident of Pakistan. So... I understand that in the event of approval of teh I-130, you have to file form I-864, and show the affidavit of support. But, I havent worked in over 3 yrs since I had my daughter. My ex was supporting us, but after the divorce, my new husband is supporting me. Here in Pakistan. So I know I would have to file a joint I-864, probably from my parents, to be able to prove the income requirements since mine is zero. So, since I have to file jointly anyhow.... why should I have to return to USA? Anyone got an opinion on this? Or should I just go ahead and file with USCIS and let it take almost a yr for the K3 to get approved and adjust his status in USA? I know it will cost like $1010, but, it is worth it. Please help. You can reply here or to my email at [email protected] Thanks all.
    ~Tara

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